Haj is 'religious practice' protected by Constitution: Delhi High Court

The Delhi High Court recently held that Haj pilgrimage and the ceremonies associated with it fall within the ambit of 'religious practice' which is protected by the Constitution of India..Justice Chandra Dhari Singh said that Article 25 of the Indian constitution guarantees the freedom of conscience and the freedom to profess, practice and propagate religion to all citizens and that this freedom is one of the most cherished rights.“Haj Pilgrimage and the ceremonies involved therein fall within the ambit of a religious practice, which is protected by the Constitution of India. Religious freedoms are one of the most cherished rights guaranteed and enshrined under the Constitution in line with the vision of the founding fathers of the Modern Indian Republic,” the Court said.The Court, therefore, stayed the decision of the Central government to suspend the registration of certain Haj Group Organisers (HGOs) and keep their Haj quota in abeyance..Justice Singh made the observations while hearing a batch of petitions filed by several Haj Group Organisers (HGOs) challenging the suspension of their registration and quota as well as the show cause notice issued to them last month by the Central government.It was argued that the government issued the consolidated list of allocation of Haj Quota for Haj-2023 and published a comment against the petitioners which read as “Registration Certificate & Quota Kept in abeyance till finalization of proceedings in complaint related matter”.The HGOs argued that their registration certificate and Haj quota have arbitrarily been ordered to be kept in abeyance till the finalization of proceedings in a complaint-related matter.However, the counsel appearing for the Union Ministry of Minority Affairs contended that there was gross misrepresentation of facts by the petitioner HGOs and it came to light during the visit of a team of officials from the ministry to the office premises of the petitioner HGOs.The Court was told that the government is contemplating serious penal action, which would include blacklisting and cancelling of registration of the HGOs. It was submitted that the government is not willing to take the risk of placing the fate of pilgrims in the hands of these non-compliant HGO..After considering the case, the Bench reached a prima facie conclusion that although the restrictions and conditions on the issuance of the registration certificate as well as to the quota allotted to the HGOs may be imposed, the same should not be held against the pilgrims who, in good faith, registered with them to undertake the pilgrimage.Such an action would defeat the purpose of the current Haj Policy and would be in derogation of Article 25 of the Constitution of India, Justice Singh said.“This Court is an interpreter of the Constitution as well as the custodian of the rights of citizens, therefore this Court must exercise its powers under Article 226 of the Constitution to give effect to its provisions and the guarantees therein, lest they shall remain only in the black and white in the text but not in its application.”.Justice Singh stressed that an alternative must be sought and put into effect so that with the law taking its course, the same should not become a hurdle for the noble-intentioned citizens of this country who are seeking to undertake the Haj.The Bench added that travelling to Haj is not merely a holiday but is a medium of practicing their religion and faith which is a fundamental right.“This Court being the protector of the right of the pilgrims shall take the necessary steps in this regard.”.The Court, therefore, stayed the decision of keeping the petitioner HGO’s registration certificate and Haj quota in abeyance.“The respondents shall ensure that the pilgrims who have been affected by the defaults on the part of the petitioner, do not suffer and are able to undertake the Haj Pilgrimage without any obstruction. The respondents may proceed with the investigation in pursuance of the show cause notice issued to the petitioner,” Justice Singh ordered. Advocates Sulaiman Mohd. Khan, Taiba Khan and Bhanu Malhotra appeared for one batch of petitioners. Senior Advocate Amarjeet Singh Chandiok and advocates Shikhil Suri, Prashant Asher, Bulbul Singh Rajpurohit, Saakshat Pelekar, Jasmeet Kaur, Vidhi Kapoor, Abhimanyu Redhu and Wamika Chandha also appeared for the petitioners.Special Panels Counsel Farman Ali and Government Pleader Kritagya K Kait, along with advocates Kaushal Jeet Kait, I Jamal and Jatin Yadav appeared for the Union government. .[Read Order]